Section 12-920 - Prohibited activities.
§ 12-920. Prohibited activities.
(a) In general.- A licensee may not:
(1) Purchase any debt or obligation of a consumer;
(2) Lend money or provide credit to a consumer;
(3) Obtain a mortgage or other security interest in property owned by a consumer;
(4) Operate as a collection agency, as defined in § 7-101 of the Business Regulation Article;
(5) Structure a debt management services agreement in a manner that would result in a negative amortization of any of the consumer's debts;
(6) Make any false, misleading, or deceptive representations or omissions of information in connection with the offer, sale, or performance of any service;
(7) Offer, pay, or give a substantial gift, bonus, premium, reward, or other compensation to a person for referring a prospective customer to the licensee;
(8) Offer an incentive, including a gift, bonus, premium, reward, or other compensation, to a consumer for executing a debt management services agreement with the licensee;
(9) Charge for or provide credit insurance;
(10) Compromise any debts of a consumer unless the licensee has obtained the prior written approval of the consumer, and the compromise benefits the consumer;
(11) Enter into a contract or fee-for-service arrangement with a person owned, controlled by, or affiliated with an officer, a director, or an employee of the debt management service provider, or with a relative of an officer, a director, or an employee, that benefits an officer, a director, or an employee of the debt management service provider;
(12) Advertise, display, distribute, broadcast, televise, or otherwise publish debt management service rates, terms, or services in a false, misleading, or deceptive manner; or
(13) Pay an incentive to an employee for enrolling a consumer in a debt management services plan or agreement.
(b) Extension of credit.-
(1) Notwithstanding any other provision of State law, a licensee may not, directly or indirectly, collect any fee for referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider if the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee of the lender or service provider.
(2) This subsection does not prohibit a licensee from referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider of which the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee, if:
(i) The licensee does not directly or indirectly collect any fee; and
(ii) The consumer is provided with a written disclosure of the relationship.
[2003, chs. 374, 375; 2005, ch. 574, § 2.]